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Operation Dudula Faces Legal Challenge Over Xenophobic Conduct

Strategic Insights

— 2 min read

Advocate Jason Brickhill presented the heads of argument for civil organisations Kopanang Africa Against Xenophobia (KAAX), the South African Informal Traders Forum, the Inner City Federation, and Abahlali baseMjondolo, who are seeking a legal challenge against Operation Dudula, the Department of Home Affairs, and the South African Police Service. The court heard that Operation Dudula has been engaging in unlawful activities, including hate speech, incitement, and interference with access to healthcare and education services, since its inception in 2021. The organisations are seeking interdicts to restrain Operation Dudula's alleged unlawful activities and to compel government action against it.

Key Takeaways:

  • Operation Dudula has been alleged to have engaged in hate speech and incitement against migrants since its inception in 2021, with claims of violence and spread of false information.
  • The organisation has also been accused of illegally demanding identity documents from private individuals, a power reserved for immigration and police officers under the Immigration Act.
  • Members of Operation Dudula have been known to wear military-style uniforms at gatherings, contravening the Regulation of Gatherings Act and the Defence Act.
  • The group has been accused of violently shutting down businesses and informal trading stalls operated by migrants, as well as forcefully evicting them from their homes without court orders.
  • Operation Dudula has also been accused of interfering with access to healthcare services by threatening and removing migrants, including incidents at Jeppe Clinic and the forced closure of the Streetlight Schools: Jeppe Park Primary School.
  • The Department of Home Affairs and the South African Police Service (SAPS) have been accused of failing to perform their constitutional duties, including failing to investigate complaints and protect victims, and colluding with or acquiescing to Operation Dudula's actions.
  • The applicants asked the court for several orders, including interdicts to restrain Operation Dudula from harassing individuals, demanding identity documents, making hate speech, interfering with access to healthcare and schools, and conducting illegal evictions.

Statistics:

  • Since 2021, Operation Dudula has emerged as one of the most visible and violent proponents of xenophobia targeting foreign nationals and those perceived to be foreign.
  • The group has been accused of engaging in a clear modus operandi and pattern of unlawful activities, including hate speech and incitement, unlawful demands for documents, wearing military-style uniforms, and targeting businesses and traders.
  • Operation Dudula has been accused of forcibly shutting down businesses and informal trading stalls operated by migrants, and conducting illegal evictions without court orders, notably at Msibi House in New Doornfontein.
  • The applicants attempted to lay charges with the police on multiple occasions, but were either turned away or had to wait for hours for assistance.

Sources:

  • [Kopanang Africa Against Xenophobia (KAAX)]
  • [The South African Informal Traders Forum]
  • [The Inner City Federation]
  • [Abahlali baseMjondolo]
  • [The Socio-Economic Rights Institute]
  • [The Regulation of Gatherings Act]
  • [The Defence Act]
  • [The Immigration Act]
  • [Section27]
  • [Media Monitoring Africa]

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